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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIVEK SINGH THAKUR, RAKESH KAINTHLA
State of H.P. – Appellant
Versus
Krishan Kumar – Respondent
| Table of Content |
|---|
| 1. facts surrounding the incident and investigation. (Para 1 , 2 , 3 , 4) |
| 2. accused's defense and trial court's reasoning for acquittal. (Para 5 , 6) |
| 3. arguments presented by both sides during appeal. (Para 7 , 8 , 9 , 10) |
| 4. standards and scope for appellate review of acquittal. (Para 12) |
| 5. evaluation of evidence and its implications on the acquittal. (Para 14 , 15 , 16 , 17 , 18 , 19) |
| 6. dismissal of the appeal. (Para 20) |
JUDGMENT :
Rakesh Kainthla, J.
1. The present appeal is directed against the judgment dated 25.03.2013, passed by learned Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala (learned Trial Court), vide which the respondent (accused before the learned Trial Court) was acquitted of the commission of an offence punishable under Section 302 of INDIAN PENAL CODE (in short ‘IPC’). (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).
2. Briefly stated, the facts giving rise to the present appeal are that the Police filed a challan against the accused. for the commission of an offence punishable under Section 302 of IPC. It was asserted that Paras Ram (since deceas
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